The People v. Brayan Torrez

San Francisco, California criminal law lawyer represented Defendant charged with misdemeanor assault and battery.





Torrez was charged in Count 1 with assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)) and in Count 2 with battery with serious bodily injury (§ 243, subd. (d)). As to Count 1, it was alleged that he personally inflicted great bodily injury (§ 12022.7, subd. (a)), and as to Count 2, it was alleged that he personally inflicted serious bodily injury (§ 1192.7, subd. (c)(8)). The matter proceeded to trial.



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Before trial, defense expert Dr. Logan Schneider testified at an evidentiary hearing on the mental and physical effects of sleep deprivation. Dr. Schneider, who had not interviewed Torrez or reviewed any statements from him, opined that everyone eventually suffers the same effects from sleep deprivation, but each person's susceptibility can vary. Typically, after 24 hours of not sleeping, most people will experience a decrease in attention and thinking ability, slight mood alterations, and temperature changes. After 48 hours of not sleeping, these impairments will worsen, people may misperceive reality in the form of visual illusions (misinterpreting things that are there, such as misinterpreting others' facial expressions as more aggressive than they actually are) or hallucinations (seeing things that are not there), and emotions may become more volatile (moodiness, elation, depression, aggression, anger, or irritability) as sleep deprivation continues. After 72 hours without sleep, most people will hallucinate and accept the hallucination as reality. As time goes on, delusions and detachment from reality may make sleep-deprived persons less aware of their impairments. Dr. Schneider distinguished sleep deprivation from sleep walking, however,

confirming that one cannot be conscious when sleep walking, which originates out of deep sleep.



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In the sentencing minute order of November 12, 2020, the $40 court operations fee, the $30 critical needs assessment, the $150 restitution fine, and the $25 own-recognizance administrative screening fee are stricken. The judgment is affirmed in all other respects.